A city adviser and a Wal-Mart attorney, citing the city's own policy, brought that to board members' attention Wednesday, as Wal-Mart's battle to build a SuperCenter here moved into its fifth month.

"You must reverse the decision or remand it back to the Planning Commission,'' said Centerville City Planner Cory Snyder. "It's my recommendation that you remand it back to the commission.''

It might be just as easy to reverse the decision and end it now, Wal-Mart representatives suggested.

"We're here because the Planning Commission took no action,'' said Terry Welch, a Salt Lake City attorney working on Wal-Mart's behalf. "It was deemed a failure in order to move it along.''

Board members came into Wednesday's meeting carrying two file folders - each about 4 inches thick - about the retailer's efforts to build at the gate of Centerville's only freeway exit.

One contained the city ordinances, staff reports and the findings of several traffic, safety and economic impact studies. The other contained Wal-Mart's appeal.

The board decided to continue the discussion Oct. 13.

Welch said Wal-Mart expected to be treated like any other applicant. He pointed to a recent revision of the city code, which didn't change the commercial zoning of the 23 acres in question.

"When the city kept that commercial zoning intact, it was basically saying 'Come one, come all,' '' Welch said. "But now, the Planning Commission seems to be saying 'But not you, Wal-Mart.' ''

The company claims that Planning Commissioner Lee Averett, who voted to deny the permit, should have recused himself because he is the leasing agent for his cousin's business in a nearby strip mall.

City Attorney Lisa Romney rejected that claim, saying that Utah law only requires commissioners to declare their conflict.

"[Averett] made that disclosure at the onset,'' Romney said. "But they've only included this now and we are hearing it for the first time in this appeal.''

Wal-Mart's appeal also contends that commissioners gave in to public protests.

But that won't be the case this time. City policy says the Board of Adjustment cannot take further public comment and can consider only the information planning commissioners had when they voted.

lorib@sltrib.com

The Wal-Mart saga

Centerville City officials learned of Wal-Mart's request for a building permit in May. But after spending the summer studying the issue, the Planning Commission's vote ended in a tie last August. Officials denied the big-box retailer's application, saying it failed "due to a lack of majority.''